Attachment 5 - Department of Labor Wage Determination(s).pdf

Attachment 5

Department of Labor Wage Determination(s):

CBA-2018-12067, Revision# 1

CBA-2020-70

CBA-2020-71

CBA-2020-72

REGISTER OF WAGE DETERMINATION UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT |EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary | WAGE AND HOUR DIVISION of Labor | WASHINGTON D.C. 20210 | Wage Determination No.: CBA-2018-12067 Diane Koplewski Division of | Revision No.: 1 Director Wage Determinations| Date Of Last Revision: 02/13/2020 State: West Virginia

Area: Statewide

Employed on HOMELAND SECURITY, DEPARTMENT OF contract for Protective Security Officer services for Federal Buildings located throughout the State of West Virginia.

Collective Bargaining Agreement between contractor: Patronus Systems Inc., and union: International Union, Security, Police and Fire Professionals of Local 408, effective 10/15/2018 through 10/15/2021.

In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, employees employed by the contractor(s) in performing services covered by the Collective Bargaining Agreement(s) are to be paid wage rates and fringe benefits set forth in the current collective bargaining agreement and modified extension agreement(s).

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2/13/2020https://beta.sam.gov/wage-determination/cba/agreement/66617/document

AGREEMENT

BETWEEN

PATRONUS SYSTEMS, INC.

and the

INTERNATIONAL UNION, SECURITY, POLICE

AND FIRE PROFESSIONALS OF AMERICA

(SPFPA)

And its Amalgamated Local 408 thereof representing the

SECURITY OFFICERS

Assigned to the

Federal facilities throughout the state of West Virginia

October 15, 2018 – October 15, 2021

TABLE OF CONTENTS

PREAMBLE

ARTICLE 1 UNION RECOGNITION

ARTICLE 2 UNION SECURITY

ARTICLE 3 NONDISCRIMINATION

ARTICLE 4 MANAGEMENT RIGHTS

ARTICLE 5 PROBATIONARY PERIOD

ARTICLE 6 SENIORITY

ARTICLE 7 DISCIPLINE AND DISCHARGE

ARTICLE 8 GRIEVANCE, MEDIATION AND ARBITRATION

ARTICLE 9 LEAVES OF ABSENCE

ARTICLE 10 UNION RIGHTS

ARTICLE 11 LAYOFFS AND RECALLS

ARTICLE 12 WAGES/OVERTIME/TRAVEL PAY

ARTICLE 13 HOURS OF WORK

ARTICLE 14 HEALTH AND WELFARE BENEFITS

ARTICLE 15 VACATION

ARTICLE 16 HOLIDAYS

ARTICLE 18 NO STRIKES / NO LOCKOUT

ARTICLE 19 GENERAL PROVISIONS

ARTICLE 20 SCOPE OF AGREEMENT

ARTICLE 21 LABOR-MANAGEMENT MEETINGS

ARTICLE 22 DURATION

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PREAMBLE

THIS AGREEMENT is made and entered into this upon ratification and full execution by the parties, by and between Patronus Systems Inc. (hereinafter referred to as the "Company" or “Employer”) and the International Union, Security, Police and Fire Professionals of America (SPFPA) and its Amalgamated Local 408 (hereinafter referred to as the "Union").

ARTICLE 1

UNION RECOGNITION

Section 1 The Company hereby recognizes the Union as the sole and exclusive bargaining representative of "employees" as defined in Section 2 of this Agreement.

Section 2 Whenever used in this Agreement, the term "employees" shall mean all full-time and regular part-time security officers performing guard duties as defined by Section 9(b)(3) of the National Labor Relations Act, as amended, employed by the Employer pursuant to contract with the Federal Protective Services and working at federal facilities in and around Parkersburg West Virginia, in accordance with Petition 6-RC-12652, excluding office clerical employees, lieutenants, and professional employees and other supervisors as defined in the Act, and all other employees.

Section 3 Whenever the words "employee" or "employees" are used in this Agreement, they designate only such employees as are covered by this Agreement. Whenever in this Agreement employees or jobs are referred to in the male gender, it will be recognized as referring to both male and female members.

Section 4 It is understood by this Section that the parties hereto shall not use any leasing or subcontracting device to evade the terms of this Agreement. The Company shall give a copy of this Agreement to the Contracting Officer at the site. In the event a leasing or subcontract Agreement is entered into, the Company shall require the lesser or subcontractor to comply with all terms and conditions of this Agreement. It is understood that the Company maintains the right in the event of an emergency to hire temporary employees pursuant to this Section.

ARTICLE 2

UNION SECURITY

Section 1 All officers hereafter employed by the employer in the classification covered by this Agreement shall become members of the Union not later than the thirty-first (31st) day following the beginning of their employment, or the date of the signing of this Agreement, whichever is later, as a condition of continued employment.

Section 2 An officer who is not a member of the Union at the time this Agreement becomes effective shall become a member of the Union within ten (10) days after the thirtieth (30th) day following the effective date of this Agreement or within ten (10) days after the thirtieth (30th) day following employment, whichever is later, and shall remain a member of the Union, to the extent

Pa g e | 2 of paying an initiation fee and the membership dues uniformly required as a condition of acquiring or retaining membership in the Union for the duration of this Agreement.

Section 3 Officers meet the requirement of being members in good standing of the Union, within the meaning of this Article, by tendering the periodic dues and initiation fees uniformly required as a condition of acquiring or retaining membership in the Union or, in the alternative, by tendering to the Union financial core fees and dues, as defined by the U.S. Supreme Court in NLRB

v. General Motors Corporation, 373 U.S. 734 (1963) and Beck v. Communications Workers of America, 487 U.S. 735 (1988).

Section 4 In the event the Union requests the discharge of an officer for failure to comply with the provisions of this Article, it shall serve written notice on the employer requesting that the employee be discharged effective no sooner than two (2) weeks of the date of that notice. The notice shall also contain the reasons for discharge. In the event the Union subsequently determines that the employee has remedied the default prior to the discharge date, the Union will notify the employer and the officer, and the employer will not be required to discharge that officer.

Section 5 Anything herein to the contrary notwithstanding, an officer shall not be required to pay money to the Union, or to become a member of, or continue membership in, the Union as a condition of employment, if employed in any state, in any location other than an enclave wherein exclusive federal jurisdiction applies, which prohibits or otherwise makes unlawful payment to a labor organization or membership in a labor organization as a condition of employment.

Section 6 The employer agrees to deduct initiation fees and Union dues for proportionate share payments from the wages of officers who voluntarily authorize the employer to do so on a properly executed payroll deduction card. Such deductions shall be made from the first paycheck of each month, or the first pay received in that month in which the officer has sufficient net earnings to cover the Union membership dues or payments. Funds deducted shall be remitted to the Secretary/Treasurer of the International Union (SPFPA) within fifteen (15) days after the first regular payday of the month and the employer will provide a monthly summary sheet describing gross amounts remitted and a schedule, by person and Social Security number, indicating amounts withheld. The employer will provide to the International quarterly reports, which will include officer's name, address, city, state, zip code and current wage rates.

Section 7 The Union agrees it will promptly furnish to the employer a written schedule of the Union dues, initiation fees, and proportionate share payments. The Union also agrees to promptly notify the employer in writing of any changes to these amounts. Union authorization cards must be submitted prior to the fifteenth (15th) of the month proceeding the date that deductions are to be made.

Section 8 The Union agrees to indemnify the employer against any loss or claim, which may arise as a result of the employer's compliance with the Union membership or check off articles. In addition, the Union agrees to return to the employer any erroneous or improper overpayment made to it.

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ARTICLE 3

NONDISCRIMINATION

Section 1 The parties hereto agree that there will be no discrimination against any employee or applicant for employment because of race, color, religion, sex, national origin, or membership or non-membership in any labor organization, as provided by law. The Company shall give due consideration to qualified Vietnam era veterans and to disabled individuals as provided by law.

The Company agrees that it shall comply with all federal and state (where applicable) employment discrimination laws, which are incorporated herein in their entirety, and will not discriminate against any employee with regard to race, color, religion, age, sex, national origin, or disability in violation of such laws.

Section 2 It is expressly agreed and understood that the dispute resolution procedures set forth in Article 8 of this agreement shall be the sole and exclusive forum for resolving all claims, demands or actions arising under state or federal law arising from the employment relationship between the Company and you to the fullest extent permitted by such laws. Such laws shall include, but not be limited to, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq .), Title Vll of the Civil Rights Act of 1964 (42 U.S.O. §2000e et seq.), the Rehabilitation (29 U.S.C. § 793 et seq.), the Civil Rights Act of 1966 and 1971 (42 U.S.C. § 1981 & 1983), Executive Order 11246 the Americans with Disabilities Act (42 U.S.C §12101 et seq.), .the Civil Rights Act of 1991 (Pub. L 102-66), the Family and Medical Leave Act of 1993 (29 U.S.G. § 2601 et seq.), the Equal Pay Act (29 U.S.C. § 201 et seq.), and Disabled & Viet Nam Veterans Act (38 U.S.C.

§4212), applicable state employment and wage and hour laws, the Fair Labor Standards Act, and any other state or federal law relating to employment discrimination or termination, statute or common law.

ARTICLE 4

MANAGEMENT RIGHTS

Section 1 The Union recognizes that any and all rights concerned with the management of the business and the direction of work force are exclusively those of the Company. The Company retains all of its normal, inherent common law rights to manage the business, whether or not exercised, as such rights existed prior to the time any union became the bargaining representative of the employees covered by this Agreement, except as limited by, and consistent with the rights of the Union and its represented employees as set forth in this Agreement or as established by law, statutes, and government regulations. The rights of management shall include the right to: hire, assign, schedule, lay off, recall, promote, demote, transfer, suspend, discharge, or otherwise discipline employees for just cause; determine, establish, and implement terms and conditions of employment (prior to discussion with the Union); determine, establish, or continue reasonable policies, practices, and procedures for the conduct of the business and, from time to time, to change or abolish such policies, practices, or procedures in order to prevent any redundancy or duplication of work or for any other reason provided such rights and policies are not in conflict with any provision of this Agreement and do not abridge the rights and benefits of employees as conferred by this Agreement or otherwise; determine and select the uniform and equipment to be used in the Company's operations and, from time to time, to change or to discontinue the use of any uniform or equipment and to select new uniforms or equipment for its operations, including equipment for new operations; determine the number of hours per day or week that operations shall be carried

Pa g e | 4 on; establish day and night shifts, set the hours of work and the number of employees for such shifts, and from time to time, to change the shifts and the hours of employees thereof; determine the fact of lack of work; make and enforce safety rules and rules governing the conduct of employees within the work site and for the maintenance of discipline; and take any other measures which are reasonable and necessary for the orderly, efficient, and profitable operation of its business.

Section 2 The Company shall have the right at any time to establish, administrate or alter the practices or customs of break periods (prior to discussion with the Union), and telephone calls by employees and to limit or restrict such practices or customs as the Company may determine necessary.

Section 3 The Company shall have the right to require of any employee at any time a physical examination by a physician of its choosing to determine said employee's physical and mental ability to perform their job assignment efficiently and safely. The Company shall have the right to evaluate the ability of the employee to perform their job assignment efficiently and safely. The Company may promote, demote, lay off, transfer, or discharge said employee as a result of such evaluation. This Section shall be interpreted in accordance with applicable federal and state law.

Section 4 The Company shall have the right to evaluate the work performance of the employees by this Agreement, and shall have the right to transfer, or discharge employees for inefficiency, incompetence, or inability to perform the work assigned to them.

Section 5 The Company shall have the right to establish, administer, or change a drug and alcohol abuse prevention program in accordance with federal and state regulations. The Company shall have the right to test employees for drugs or alcohol upon reasonable suspicion, and to discipline employees based on the results of such tests.

Section 6 No waiver. The Company's failure to exercise any right, prerogative, or function hereby reserved to it, or the Company's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Company’s right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement.

Section 7 The above rights of management are not inclusive of all manners or rights which belong to management. Any other rights, powers or authority the Company had prior to signing this Agreement are retained by the Company, except those which violate express provisions of this Agreement.

ARTICLE 5

PROBATIONARY PERIOD

Section 1 Newly hired employees shall be regarded as probationary employees for the first ninety (90) calendar days after first day on post. During their probationary period, probationary employees shall not accrue seniority under this Agreement. During their probationary period, employees shall be paid $2.00 less than the regular straight time rate set forth in Article 12 of this Agreement. Upon successful completion of the probationary period, the employee shall be placed

Pa g e | 5 on the seniority list and shall be given a seniority date which is retroactive to the employee’s last date of hire with the Company in a classification covered by this agreement. In the event employees share the same date, the employee with lower last four digits of their Social Security number shall be considered most senior. In the event the employees share the same last four digits of the social security number the lower last five digits of their Social Security number shall be considered most senior.

Section 2 At any time during an initial probationary period, an employee may be discharged for any reason, and any such employee so discharged shall not have the right to file a grievance or have other recourse to the grievance procedure.

ARTICLE 6

SENIORITY

Section 1 It is agreed that the Company and the Union will meet for the purpose of establishing a seniority list for all employees employed in the unit at the time of the signing of the Agreement.

Said seniority list will be based upon official records of the Union, of the Company and predecessor contractors. Not later than fifteen (15) days prior to the expiration date of the Company's contract, the Company shall furnish the Union and the successor contractor a list of all its current employees together with their dates of hire and the dates their last Vacation payout by the Company. The following Sections of this Article shall become applicable and shall be in full force and effect upon the establishment of said seniority list.

Section 2 In the event that the Company finds it necessary to lay-off employees for any reason, such layoffs shall be on the basis of seniority in reverse order with probationary employees being laid off first. In the event of a layoff, the Company will give employees as much notice as is reasonably practical.

Section 3 The Company reserves the right to create work schedules, post hours and work assignments. The Company will provide and post hours and work assignment schedules at least 30 days in advance. The Union recognizes and understands the schedule may change due to unforeseen reasons beyond the Company’s control. The Company will provide consistency in the work assignments.

The Company may assign employees to temporary vacancies not to exceed 30 calendar days. In such cases the senior volunteer will be utilized. Where there are no volunteers, the employee with the least amount of seniority will be assigned.

Section 4 Except as otherwise provided in Section 1 of this Article, seniority shall be measured from the date of the employee's initial hire with the Company or a predecessor contractor engaged in providing similar services at the site provided there has been no break in seniority under Section 5 of this Article.

Section 5 An employee shall lose his seniority upon his retirement, resignation or discharge for just cause. An employee will be considered to have resigned if he:

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(1) Fails to report to work on the day following expiration of an authorized leave of absence, unless failure to report is due to conditions recognized by the Company to be beyond the control of the employee and he reported such conditions as soon as possible;

(2) Is on lay-off for a period exceeding one (1) year;

(3) Is absent from work for two (2) work days without properly notifying the Company for the reason for absence even though the reason for such absence is beyond the control of the employee, or in any event fails to report for work as scheduled without such reason;

(4) Fails, while on layoff, upon notice from the Company that work is available, to report to the company for work as soon as practicable, but not later than seven (7) work days and provided that the employee notifies the Company within three (3) days of such notice that he will return to work within the seven (7) day period.

The Company fulfills its obligation under this Section by sending notice by certified letter to the last known address of the employee. It is the obligation of the employee to keep the Company informed of his current address and telephone number.

Section 6 An employee covered by this Agreement who accepts a position as a supervisor or a position outside the Bargaining Unit within the Company shall retain the seniority he or she had as of the date of the promotion or transfer, but shall not accrue additional seniority while so employed. In the event the employee becomes re-employed in a position covered by this Agreement within six (6) months of the promotion or transfer, he or she will return to a position based on that seniority. If the employee does not return within six (6) months, he or she will lose all seniority rights.

ARTICLE 7

DISCIPLINE AND DISCHARGE

Section 1 Progressive Discipline.

Verbal Warning

Written Reprimand

One-Day

Suspension

Three-Day

Suspension and Final Warning

Termination (or lengthy suspension at management discretion

a. The Company endeavors to maintain an atmosphere of orderliness, efficiency and productivity in the workplace, and to build self-control, self-confidence, character and a sense of responsibility in each of its employees. The Company maintains a strict code of conduct. Attempts are made to instill in each employee a willingness to observe the standards of conduct and work performance.

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b. Infringements of the rules do occur and disciplinary action must be taken to correct them.

Except for serious offenses, the Company imposes a progressive approach to discipline, applying increasingly severe measures for repeat offenses.

c. The overall goal is behavioral change on the part of the employee. “Progressive” discipline means that, in most cases, disciplinary action occurs in a logical sequence that serves to notify the employee that a problem exists and that improvement must be made.

d. In order to establish uniformity of disciplinary action, the Company has established disciplinary actions to be taken. These are: Verbal Warning; Written Reprimand; One- Day Suspension; Three-Day Suspension with final notice; and termination. Realizing that each individual case is different, there is latitude in dealing with the offense while still maintaining internal consistency. Management retains the right and ability to impose a longer suspension in lieu of termination, at its discretion.

e. There are two classifications of misconduct: (1) minor and (2) major offenses. Minor offenses are those actions which are unacceptable but for which the employee will not be discharged for the first offense, such as tardiness or improper dress. Major offenses are those willful or deliberate violations of such a nature that the first offense may result in suspension or termination. Refer to the Rules of Personal Conduct in the Patronus Handbook for the list of Major and Minor Offenses.

Section 2 Just Cause. All employees are required to follow the policies and procedures in the Patronus Handbook, their post orders, and Government rules and policies applicable to the contract and duty location. No employee shall be discharged or disciplined without just cause, and discharge and discipline matters shall be subject to the grievance and arbitration procedures contained in this Agreement.

For the following alleged offenses, the parties agree that a proven violation shall constitute just cause for discipline up to and including discharge. For the following alleged offenses, the parties agree to limit the jurisdiction of any arbitrator hearing a grievance under this Agreement to a determination of whether or not the accused employee actually committed the offense. If the arbitrator finds in the Employer’s favor on that question, an arbitrator shall not have the authority to reduce a discharge or otherwise modify the discipline imposed by the Company for a proven violation of any of the following:

A. Violation of Rules and Regulations of Government Public Building and Grounds, 41 CFR Sections 101-20.3.

B. Neglect of Duty (including sleeping while on duty or action which causes the assessment of a penalty against the Company by the United States Government or DHS).

C. Insubordination (including, without limitation, deliberate failure to carry out assigned tasks, refusal of a direct order, abusive language directed toward a supervisor, and similar conduct).

D. Conducting personal affairs during official time without prior approval from the Employee’s supervisor or Project Manager.

E. Falsification or unlawful concealment, removal, mutilation or destruction of any official documents or records, and/or concealment of material facts by willful omissions from official documents or records.

F. Fighting on Government property or while on duty. Participating in disruptive or disorderly conduct which interferes with the normal and efficient operations of the Government or Company.

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G. Theft, vandalism, or criminal acts.

H. Drinking or drunkenness on the job; use or possession on the job or being impaired by unlawful drugs/stimulants or alcoholic beverages on the job, or violation of the Company’s Alcohol and Drug Abuse Policy.

I. Improper use of official authority or credentials.

J. Unauthorized use of Government communications equipment or other Government property.

L. Misuse of weapon(s), violation of the Company weapons policy, or possession of private firearm or other private weapon on the job.

M. Violation of Government security procedures or regulations, including, without limitation, those set forth in the Security Guard Information Manual or SmartBook.

N. Violation of state or federal laws regarding the possession or use of a firearm.

O. Unauthorized post abandonment.

P. Failure to cooperate with Government officials, local law enforcement authorities, or the Company during an official investigation.

Q. Falsification of time records.

R. Deliberate or negligent conduct causing monetary damages, penalties or invoice deductions to the Company.

S. Sexual, racial or verbal harassment in violation of Company policy.

T. Any serious violation for which the Company receives a 2820 from the

Government.

U. Failure to appear for work without notice (“no-call no-show”).

The foregoing is not intended to be the complete list of offenses for which disciplinary action may be imposed. It is expressly agreed and understood that the Company shall have the right to establish from time to time other reasonable rules of conduct and the right to discipline, up to and including the right to terminate, for violating same. The employer shall have the right to determine the level of discipline.

Section 3 Absenteeism. Employees are required to report and be ready for work at their required times. It shall constitute an offense for an employee to be absent from work or late reporting to work without prior authorization. Such authorization must be an express agreement from the employee’s Supervisor that the employee has been removed from the schedule and is excused from work. “Calling off” in advance, while required, is not sufficient to excuse an absence or tardiness.

Employees shall provide as much advance notice as possible of an absence or tardiness. In no case shall notice of an absence be given less than four (4) hours in advance. Failure to provide at least four (4) hours’ notice to the Program Manager/Supervisor in advance will result in skipping of a one step in the progression of discipline described below.

Each unauthorized absence or late reporting for work will result in the following disciplinary progression, unless the Company determines, in its sole discretion, that mitigating circumstances rendered the event beyond the employee’s control.

With respect to the first unauthorized absence or tardiness within any consecutive 12 month period, a verbal counseling will be given.

With respect to the second unauthorized absence or tardiness, or first absence without at least four hours’ notice, within any consecutive 12 month period, a verbal reprimand will be given.

With respect to the third unauthorized absence or tardiness within any consecutive 12

Pa g e | 9 month period, a written reprimand will be given.

With respect to a fourth unauthorized absence or tardiness, or second absence without at least four hours’ notice, within any consecutive 12 month period, a one day suspension will be given, and the employee will receive a probationary employee wage for the next fifteen (15) days.

With respect to a fifth unauthorized absence or tardiness within any consecutive 12 month period, a three-day suspension will be given, and the employee will receive a probationary employee wage for the next thirty (30) days.

With respect to a sixth unauthorized absence or tardiness, or third absence without at least four hours’ notice, within any consecutive 12 month period, a five-day suspension will be given, and the employee will receive a probationary employee wage for the next forty-five (45) days.

With respect to a seventh unauthorized absence or tardiness, or fourth absence without at least four hours’ notice, within any consecutive 12 month period, the employee will be terminated.

It is expressly agreed and understood between the parties that this is a “strict liability” absentee policy.

Section 4 Open Post. Notwithstanding the progression of discipline set forth in Section 12.2, if an employee’s unexcused lateness reporting to work causes an Open Post, a one day suspension will be given on the first offense. On the second such offense within any consecutive 12 month period, another one-day suspension will be given, and the employee will receive a probationary employee wage for the next fifteen (15) days. On the third such offense within any consecutive 12 month period, a three-day suspension will be given, and the employee will receive a probationary employee wage for the next thirty (30) days. On the fourth offense within a consecutive 12 month period, a five-day suspension will be given, and the employee receive a probationary employee wage for the next forty-five (45) days. On the fifth such offense within a consecutive 12 month period, the employee will be terminated.

It is expressly understood and agreed that this Open Post policy is to be administered in a spirit of fairness, and that the Company retains the right to waive such suspension if it is determined that the lateness reporting to work was the result of circumstances entirely beyond the employee’s control. It is further expressly understood and agreed that traffic delays and congestion, weather delays, childcare issues, and similar circumstances are part of every employee’s daily commute, and it is the employee’s responsibility to anticipate such delays and structure their commute accordingly.

Section 5 Standards of Conduct. It is acknowledged and recognized that the Company is in the business of providing security services to the United States Government, and that the provision of these services is highly sensitive. It is therefore essential and expected by the Company and Union that all employees shall act in a highly professional, courteous manner and shall be held responsible for their duties, functions and job requirements. Deviation from or failure to meet this standard shall constitute just cause and result in disciplinary action up to and including termination. It is expressly agreed and understood that the issuance of a 2820 by the Government shall constitute prima facie evidence of failure to meet this standard and shall constitute just cause for discipline without the need for any government or client witness to appear and testify at any subsequent arbitration proceeding. The Union shall be shown a copy of the 2820. However, nothing in this section shall be considered to relieve the Employer of its obligation to perform an independent investigation of all disciplinary matters.

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Section 6 Investigatory Interviews. Subject to, and in accordance with the National Labor Relations Act, any investigatory interview between an Employee and a Company representative which is anticipated to result in discipline shall, at the request of the employee, be conducted in the presence of an authorized Union Official or Steward, if such Officer of Steward is reasonably available. If an Officer or Steward is not available, the Employee will be offered a peer as a witness.

Section 7 Personal Electronics. The possession or use of personal cell phones, tablets, laptops, gaming devices, smartwatches, air pods, headphones, earbuds, Bluetooth ear pieces, or any other unauthorized electronic device on post is forbidden. For the purposes of this section, "possession or use" includes any engagement of the device on post, including checking the time, checking email, checking texts, engaging or disengaging an alarm, charging of the device, and any other unauthorized use or possession whatsoever.

For violation of this section:

• On the first offense, a three (3) day suspension will be given.

• On a second such offense within any consecutive twelve (12) month period, a five (5) day suspension will be given.

• On the third such offense within any consecutive twelve (12) month period, the employee will be terminated.

An employee with a bone fide emergency need to have a means of contact with family members while on duty (such as hospitalization of a family member) shall notify his or her supervisor of the need and make arrangements with the supervisor to communicate emergency messages.

ARTICLE 8

GRIEVANCE, MEDIATION AND ARBITRATION PROCEDURE

Section 1 Grievances. A grievance shall mean a disagreement or dispute raised by the Union or an employee which arises during the term of this Agreement concerning the application, meaning or interpretation of an express provision of this Agreement or the employment relationship between the Company and employee, including but not limited to claims of unlawful employment discrimination as set forth in Article 3 of this Agreement.

Only grievances which involve an alleged violation by the Company of a provision in this Agreement and which are processed in the manner and within the time limits herein provided shall be subject to arbitration. Notwithstanding any other provision of the Agreement, no grievance shall be arbitratable with respect to:

(a) Any matter involving the administration, interpretation, or application of any insurance plans;

(b) A decision of the Company to discipline, discharge, or otherwise not retain or hire an employee based on the U.S. Government’s or any of its Officials’ determinations that an employee is unacceptable to the Government to perform service on the service contract irrespective of the reason or reasons the U.S. Government, or any of its Officials find the employee unacceptable to perform services. Evidence of the Government’s determination shall be given to the employee and the Union upon termination from the Company.

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Except as otherwise expressly stated in this Agreement, the procedures set forth in this Article shall be the sole and exclusive remedy for any grievance asserted by the Union or any employee.

Grievances involving the discharge or suspension of an employee will begin at Step 3. A grievance shall be resolved in the following manner:

Step 1 - Notice to Supervisor: The employee and/or his or her Union representative shall present the grievance or dispute in writing to the employee's direct Supervisor within ten (10) calendar days of its occurrence or when the employee knew, or by reasonable diligence should have known, of its occurrence. The Supervisor shall respond in writing to the grievance within ten

(10) calendar days of his/her receipt of the grievance.

Step 2 - Notice to Project Manager: If the grievance is not settled at Step 1 or if the

Supervisor does not respond within ten (10) calendar days of the Step 1 notice, the employee and/or his or her Union representative shall, within ten (10) calendar days of the date the Supervisor responded or the date on which the Supervisor should have responded, whichever is sooner, submit the grievance in writing to the Company's Project Manager or his/her designee. The Company's Project Manager shall respond to the grievance within ten (10) calendar days of receipt of the grievance.

Step 3 - Notice to Director of Labor Relations: If the grievance is not settled at Step 2 or if the Project Manager does not respond within ten (10) calendar days, the Union shall, within ten

(10) Calendar days, present the grievance in writing to the Company's Director of Labor Relations or his/her designee. The Company's Director of Labor Relations or his/her designee shall respond in writing to the grievance within ten (10) calendar days. Suspensions start at Step 3. All step 3 grievances shall be sent to grievances@patronususa.com.

A. Written Presentation. All grievances shall set forth: the facts giving rise to the grievance; the provisions of the Agreement, if any, alleged to have been violated; the names of the aggrieved employees; and the remedy sought. All grievances shall be signed and dated by the employee or shop steward. All written answers submitted by the Company shall be signed and dated by the appropriate Company representative, and shall be presented to the aggrieved employee and the Union.

B. Provisions of the Essence. The time limitations set forth in this Article 8 are deemed of the essence to this Agreement. No grievance shall be accepted by the Company unless it is submitted within the time limitations and written presentation provisions set forth in Section 1. If the grievance is not timely and properly submitted at Step 1, it shall be deemed waived. If the grievance is not timely and properly submitted at Step 2 or 3, it shall be deemed finally settled in accordance with the Company's Step 1 or 2 responses, if any, respectively, and the parties shall be bound thereby without recourse to Section 3.

C. Representation. An employee shall be permitted to have a Union representative at each step of the grievance procedure.

The Union and the Company may mutually agree to waive the time limits set forth in this Article.

Section 2 Voluntary Grievance Mediation. If, after receipt of the Director of Labor Relations response, the grievance is not settled at Step 3, upon the mutual agreement of the Company and Union, the Parties may submit the grievance to the Federal Mediation and Conciliation Service for resolution through non-binding mediation. Submission of the grievance to mediation shall not toll mailto:grievances@patronususa.com

Pa g e | 12 or otherwise effect the time and procedures for submission of the grievance to arbitration pursuant to Section 3.

Section 3 Arbitration. If, after receipt of the Director of Labor Relations response, the grievance is not settled at Step 3, the Union may, within ten (10) calendar days after the receipt of the Director of Labor Relations response at Step 3, proceed to binding arbitration. Notice that arbitration is desired must be received by the Company ten (10) calendar days after the Union or aggrieved employee receives the Company's Step 3 answer. Such notice shall identify the provisions of the Agreement allegedly violated and shall set forth such facts and circumstances as will provide the Company with reasonable notice of the nature of the grievance. If the Parties are unable to agree on an arbitrator within ten (10) days of the date of service of the arbitration notice, they shall choose an Arbitrator from a panel(s) provided by the Federal Mediation and Conciliation Service.

Except as otherwise expressly provided herein, the American Arbitration Association's Rules for the Resolution of Employment Disputes shall control the resolution of any and all disputes submitted to arbitration under this Agreement. The Arbitrator shall conduct a hearing on the grievance. The decision or order of the Arbitrator shall be final and binding and shall be in writing.

Any back pay award shall be reduced by any sums received as unemployment compensation or from interim employment.

It is expressly agreed and understood by the Parties that the failure of the Arbitrator to issue the award within sixty (60) days shall render any award issued null and void. It is further agreed that, as a condition for selecting an arbitrator, all prospective arbitrators shall be informed in writing, prior to retention of the arbitrator, that the arbitrator's award must be rendered in writing within sixty (60) days of the close of the hearing or receipt of briefs. If an award is rendered null and void because of the failure of an arbitrator to render a timely decision either party may re-submit the dispute to arbitration before another arbitrator within ten (10) calendar days of the expiration of the sixty (60) day period.

The Arbitrator shall have no authority to alter, amend, or add to the Agreement. None of the time limits or presentation requirements contained in this Article may be waived or extended except by mutual agreement in writing. All fees and expenses of the Arbitrator shall be borne equally by the Parties, except where one of the Parties to the Agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the Parties. A postponement charge resulting from a joint postponement request shall be borne equally by the Parties. Each party will bear its own legal expenses and costs incident to witnesses.

ARTICLE 9

LEAVES OF ABSENCE

Section 1 Court Leave - An employee who has completed his or her probationary period and who is required to report for jury duty, shall be entitled to leave with pay from regularly scheduled hours of work for the time spent in such service up to a maximum of five (5) work days; provided, however, for the employee to be eligible for compensation, the employee must have notified the Company within forty-eight (48) hours of receiving the jury duty questionnaire or notice that he or she is subject to a jury duty call. For each hour of such leave taken, the employee will be compensated by the Company in an amount equal to his/her straight time rate of pay, less the

Pa g e | 13 amount received by the employee from the court or government agency.

Section 2 Military Leave. The Company will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act of 1994, 38 U.S.C. §4301 et seq.("USERRA"). Leave taken under USERRA shall be unpaid; provided that, an employee may elect to use any accrued vacation in lieu of unpaid military leave.

Section 3 Bereavement Leave. An employee shall be entitled to leave with pay for a maximum of three (3) scheduled work days lost in the event of the death of the employee's parent, sibling, child, step-parent, step-child, stepsibling, spouse, mother in law, father in law or grandparent.

Leave under this section shall be conditioned upon the employee submitting to the Company, if the Company so requests, proof of the death of the deceased and the employee's relationship to the deceased.

Section 4 Union Leaves of Absence. The Company will permit an authorized representative of the Union an unpaid leave of absence to attend meetings, training and/or conventions for the Union, provided a written request is received by the Program Manager at least three (3) weeks prior to the beginning of such leave, and providing that this leave does not negatively impact Company operations. In no event will more than three (3) Union representatives be permitted leave under this provision. The maximum total period of such leave shall be fourteen (14) days total in any calendar year.

Section 5 Family and Medical Leave.

A. Leave Entitlement. An employee who has been employed by the Company for 12 months and who completed 1250 hours of work during the 12 month period immediately preceding the commencement of such leave, will be entitled to leave under the Family and Medical Leave Act ("Act") in accordance with its provisions.

B. Year for Purposes of Determining Leave Entitlement. For purposes of determining an employee's Leave entitlement under the Act, the 52-week period immediately preceding the commencement of leave under the Act shall be the applicable measuring period.

Section 6 Sick & Personal Leave with Pay.

A. Effective December 1, 2018 all non-probationary, full time employees employed as of that date will accrue and be allotted four (4) sick days and three (3) personal days paid leave annually.

B. Effective December 1, 2019 all non-probationary, full time employees employed as of

C. Effective December 1, 2020 all non-probationary, full time employees employed as of

D. Eligible part-time employees shall be entitled to pro-rated personal and sick leave at their straight-time rate based on the number of hours worked in the previous year, divided by 1950.

For example, part-time employees who have been continuously employed for one (1) year and who worked a total of 975 hours the prior year would be eligible to receive 12 hours paid personal

Pa g e | 14 leave.

E. Employees taking personal days are required to arrange personal leave with their supervisor prior to taking the time off. Employees taking sick leave must comply with nominal call-off procedures as set forth in Sections 7.2 if the time off was not authorized in advance.

Employees failing to obtain prior authorization for personal days, or failing to comply with Sections 7.1 shall be subject to discipline, up to and including discharge, as set forth in those Sections, respectively.

F. Employees may not take personal/sick leave under this Section in increments of less than 4 hours. Employees shall be compensated for personal/sick at the straight time rate of pay at the time the personal/sick leave is accrued.

G. Personal/sick leave shall not be deemed hours of work for the purposes of computing overtime or other premium pay under this Agreement, nor shall fringe benefits accrue during such leave.

H. To be eligible for sick leave under this Section, the Employee must be absent from work for a verifiable illness for a period of three (3) days. Sick leave shall accrue and become reimbursable by the Company upon the employee's fourth (4th) day of absence. Absences for the first three (3) days of employment are not reimbursable as sick leave. An employee may elect to use personal or vacation time, if he or she has such time available, to avoid lost income for that time. Upon returning to work, the employee shall be required to provide verification from a State licensed physician of the employee's illness and authorization for absence from work. Failure to provide the required physician's verification shall be grounds for discipline up to and including termination and such leave shall not be reimbursed.

I. An employee who is unable to perform the functions of his or her position because of illness or injury, or for other medical reasons (including dental and medical examinations) may request to use accrued but unused vacation leave pursuant to the provisions of Article 15 or, alternatively, may request unpaid leave subject to approval by the Company at its discretion.

J. Personal days will not be carried over from contract year to contract year but will be paid at 100% of the earned amount within 30 days after the end of the government contract year.

Sick days will not carry over and will not be paid out.

Section 7 Rate of Pay. Except as otherwise provided in this Article, for any paid leave taken under this Article, an employee shall be compensated at the straight-time rate of pay at the time the leave is accrued. Except as otherwise specifically provided in this Article, hours of leave, whether paid or unpaid, shall not be deemed hours of actual work for the purposes of computing overtime.

Section 8 The Company may, at its discretion, grant an employee an unpaid personal leave of absence of up to thirty (30) days. Except as otherwise herein provided, it is agreed by the parties that there shall not be any loss of seniority while employees are on such leaves of absence as provided for in this Article; however, employees shall not accrue vacation or sick leave or receive holiday pay during any leave of absence that extends beyond thirty (30) days.

Section 9 No employee will engage in employment with another employer while on a leave of absence as provided for herein.

Pa g e | 15

ARTICLE 10

UNION RIGHTS

Section 1 Stewards.

A. Recognition. The Company recognizes the right of the Union to designate shop stewards. The Company agrees to recognize the maximum of 1 Chief Shop Steward for all employees and 3 stewards. Within ten (10) calendar days of the execution of this Agreement, the Union shall furnish to the Company, in writing, the names of each of the Union's designated stewards. Changes to these assignments shall be provided by the Union to the Company, in writing, within two (2) calendar days of such change becoming effective.

B. Steward Authority. The authority of Stewards shall be limited to, and shall not exceed, the following duties and activities: (1) representation of employees in disciplinary interviews consistent with this Agreement and as permitted under the National Labor Relations Act; (2) the investigation and presentation of grievances in accordance with this Agreement; (3) the transmission of such information and messages to and from the Union, which shall originate with and are authorized by the Union's Officers, provided such messages have been reduced to writing;

and (4) the right to bring a grievance to the Company's attention at the time of the occurrence in accordance with the terms of this Agreement. Such duties shall be conducted during non-working time and may not interfere with the operations of the Company. Such activities may be conducted during working time, in exceptional cases, where agreed upon by the Company, but neither the Steward nor the employee shall depart from their normal job assignment without the clear written consent of the Company’s Project Manager.

Stewards or other employees, who conduct Union business on working time, in violation of this provision, shall be subject to discipline for dereliction of duty under Article 7 of this Agreement; provided that it is expressly agreed and understood between the Parties that the Company may schedule disciplinary interviews consistent with this Agreement during working time.

Section 2 Union Activities. Neither Union officials nor employees shall, during the working time of any employees participating, solicit membership, receive applications, hold meetings of any kind for the transaction of Union business, or conduct any Union activity other than the handling of grievances to the extent such work time activity is specifically allowed by the

Section 3 Government Cooperation. The Union acknowledges and agrees that the terms and conditions of this Agreement, and…